BELL-BOSTON v. MAZZA GALLERIE MALL, No. 1:2009cv00149 - Document 4 (D.D.C. 2009)
Court Description: MEMORANDUM OPINION Signed by Judge Colleen Kollar-Kotelly on 1/7/09. (ls, )
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--------------------,--,-- -- FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Kareemah Bell-Boston, Plaintiff, v. Mazza Gallerie Mall, Defendant. ) ) ) ) ) ) ) ) ) JAN 272009 Clerk, U.S. District and Bankruptcy Courts Civil Action No. OD U149 MEMORANDUM OPINION This matter is before the Court on plaintiff s pro se complaint and application to proceed in forma pauperis. The Court will grant plaintiffs application and dismiss the complaint for lack of subject matter jurisdiction. The subject matter jurisdiction of the federal district courts is limited and is set forth generally at 28 U.S.C. ยงยง 1331 and 1332. Under those statutes, federal jurisdiction is available only when a "federal question" is presented or the parties are of diverse citizenship and the amount in controversy exceeds $75,000. A party seeking relief in the district court must at least plead facts that bring the suit within the court's jurisdiction. See Fed. R. Civ. P. 8(a). Failure to plead such facts warrants dismissal of the action. See Fed. R. Civ. P. 12(h)(3). Plaintiff, a resident of Landover Hills, Maryland, sues the Mazza Gallerie Mall in Washington, D.C. for an alleged encounter on December 17,2008, with a security officer "about destruction of mall furniture," who also allegedly told plaintiff "to clean up my mess, [that] he had a personal problem with me being inside the mall and [that] he wanted me to leave immediately." Compi. at 2. The complaint does not allege a violation of either the Constitution or federal law nor does it provide a basis for diversity jurisdiction inasmuch as plaintiff has not demanded any amount of monetary damages. Accordingly, the complaint will be dismissed. A separate Order accompanies this Memorandum Opinion. Date: January ~ r, 2009 2
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